Loayza Tamayo
Case- Summary
The events of the case relate to the arrest of María Elena Loayza Tamayo by the Counter Terrorism Division (DINCOTE) due to an alleged association and collaboration with the group “Sendero Luminoso”. After her arrest she was held incommunicado for 10 days and was subjected to torture, cruel and degrading treatment and sexual violence, all with the purpose of self-incrimination. In light of her refusal, she was prosecuted for the crime of treason and tried by various military courts, which finally absolved her of all charges. Nevertheless, at the moment of passing the case to the civil court, the victim was convicted to a term of 20 years imprisonment by a Special “faceless” Court for the crime of terrorism. During the entire proceedings, both in the military and civil courts, the victim was kept in detention.
The IA Court brought to attention that in this case the article of Decree-Law 25,659 under which she was prosecuted, prevented the victim from using habeas corpus to safeguard her personal liberty or to question the legality of her arrest.
- Status
- Active
- Country
- Presentation to the IACommission
- May 6, 1993
- Submission to the IACourt
- Jan 12, 1995
- IACourt / Judgment: rights violated
ACHR 1.1, 7 1.1, 5 1.1, 4 1.1, 25
- Descriptors
- Antiterrorism law
- Deprivation of liberty
- Gender violence
- Military jurisdiction
- Torture and cruel, inhuman or degrading treatment
- Court documents
- Castillo Paez, Loayza Tamayo, Castillo Petruzzi y otros, Ivcher Bronsten y del Tribunal Constitucional. Order of the IACourt. June 1, 2001
- Loayza Tamayo. Judgment. January 31, 1996
- Loayza Tamayo. Judgment. March 8, 1998
- Loayza Tamayo. Judgment. November 27, 1998
- Loayza Tamayo. Judgment. September 17, 1997
- Loayza Tamayo. Order of the IACourt. February 6, 2008
- Loayza Tamayo. Order of the IACourt. July 1, 2011
- Loayza Tamayo. Order of the IACourt. March 3, 2005
- Loayza Tamayo. Order of the IACourt. November 17, 1999
- Loayza Tamayo. Order of the IACourt. November 17, 1999
- Loayza Tamayo. Order of the IACourt. November 27, 2002
- Loayza Tamayo. Order of the IACourt. November 27, 2003
- Loayza Tamayo. Order of the IACourt. September 22, 2006
- Loayza Tamayo. Order of the President. December 13, 2007
- Geolocalización de los hechos
- Geolocalización de los hechos (linked Place of the events)
- Loayza Tamayo